Thông tư 46/2017/TT-BGTVT phòng ngừa ô nhiễm trong vận chuyển hàng bằng tàu biển

THE MINISTRY OF TRANSPORT 

Circular No. 46/2017/TT-BGTVT dated November 27, 2017 of the Ministry of Transportproviding for safety and prevention of pollution from carriage of dangerous goods by sea

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to the Law on Occupational Safety and Sanitation dated June 25, 2015;

Pursuant to the Law on Environmental Protection dated June 23, 2014;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, powers and organizational structure of Ministry of Transport;

Pursuant to regulations in Annexes I, II, III, V of the International Convention for the Prevention of Pollution from Ships in 1973 and the Protocols of 1978 and 1997 relating thereto (hereinafter referred to as "MARPOL Convention”);

Pursuant to regulations in Chapters II, VII of the International Convention for the Safety of Life at Sea (hereinafter referred to as the “SOLAS Convention”);

At the request of Director of the Environment Department, and General Director of Vietnam Register;

Minister of Transport promulgates a Circular providing for safety and prevention of pollution from carriage of dangerous goods by sea.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

This Circular provides regulations on safety and prevention of pollution from carriage of dangerous goods by sea.

This Circular shall not govern dangerous goods which are spare parts of ships, and those which are transported by sea for the purposes of national defense and security.

Article 2.Subject of application

Regulations in this Circular shall apply to organizations and individuals involved in carriage of dangerous goods by sea.

Article 3. Interpretation of terms

For the purpose of this Circular, terms herein shall be construed as follows:

1. “SOLAS Convention” means the International Convention for the Safety of Life at Sea adopted in 1974 by the International Maritime Organization (IMO) and amended by Protocols relating thereto. 

2. “MARPOL Convention” means the International Convention for the Prevention of Pollution from Ships adopted in 1973 by IMO, and amended by the Protocol of 1978 which has been also amended.

3. “IMDG Code” means the International Maritime Dangerous Goods (IMDG) Code adopted by IMO and as amended.

4. “IMSBC Code” means the International Maritime Solid Bulk Cargoes (IMSBC) Code adopted by IMO and as amended.

5. “IBC Code” means the International Bulk Chemical (IBC) Code that is the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by IMO and as amended.

6. “IGC Code” means the International Gas Carrier (IGC) Code that is the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk adopted by IMO and as amended.

7. “CTU Code” means the Code of Practice for Packing of Cargo Transport Units jointly published by the International Maritime Organization (IMO), the International Labor Organization (ILO) and the United Nations Economic Commission for Europe (UNECE).

8. “INF Code” means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships adopted by IMO and as amended.

9. “EmS Guide” means the IMO’s Guide containing guidance on emergency response procedures for ships carrying dangerous goods including the emergency schedules to be followed in case of carriage of dangerous substances, materials or articles, or harmful substances as regulated under the IMDG Code.

10. “MFAG Guide” means the Medical First Aid Guide jointly published by the World Health Organization (WHO), the International Maritime Organization (IMO) and the International Labor Organization (ILO) for use in accidents involving dangerous goods.

11. “dangerous goods” means goods that contain dangerous substances, which may cause harm to the human life and health, the environment, the safety or the national security, and are classified as one of the following types:

a) Materials and items classified into Class 1 to Class 9 of the IMDG Code.

b) Dangerous goods which are transported in the form of solid bulk cargoes as defined in Group B of the IMSBC Code.

c) Substances which are transported by ships carrying liquid cargoes and have a flashpoint of 60°C, or liquid cargoes as defined in the Annex I of the MARPOL Convention, or substances defined as “noxious liquid substances” under Section 1.3.23 Chapter 1 of IBC Code, or as listed in Chapter 19 of the IGC Code.

12. “carrier” refers to the organization or individual that transports dangerous goods by ships.

13. “shipper” refers to the organization or individual by whom a contract for carriage of dangerous goods by sea has been concluded with a carrier.

Chapter II

CONTAINERS, CLASSIFICATION, PACKING, LABELLING AND MARKING OF DANGEROUS GOODS

Article 4. Construction, testing and code for designating types of containers

Equipment containing dangerous goods includes containers, tanks, casks, bottles and packaging which must be constructed, tested and indicated with specific codes in conformity with regulations in Part 6 of the IMDG Code.

Article 5. Classification, packing, labeling and marking of dangerous goods

1. Classification, packing, labeling and marking of dangerous goods transported by sea must ensure that:

a) Dangerous goods are classified in conformity with regulations in Part 2 of the IMDG Code.

b) Packing of dangerous goods as prescribed by law for the purpose of minimizing safety and environmental risks must be conformable with regulations in Part 4 and Part 6 of the IMDG Code.

c) Dangerous goods must be labeled and marked in conformity with regulations in Part 5 of the IMDG Code.

2. Dangerous goods carried in containers, dedicated vehicles or intermediate bulk containers loaded onto ships must be packed and arranged in conformity with regulations in Part 7 of the IMDG Code. Containers, dedicated vehicles or intermediate bulk containers carrying dangerous goods must also labeled and marked in conformity with regulations in Part 5 of the IMDG Code.

3. Equipment used to contain dangerous goods to be transported must bear dangerous goods marks. If there are two or more types of dangerous goods carried in the same container, this container must bear all marks of such types of dangerous goods.

Chapter III

SAFETY IN CARRIAGE OF DANGEROUS GOODS BY SEA

Article 6. Acceptance of dangerous goods for carriage by sea

1. Dangerous goods shall be accepted for carriage by sea only when they meet the following requirements:

a) Carriage of dangerous goods in packaging must conform to Regulation 19 Chapter II-1, Part A Chapter VII of the SOLAS Convention and regulations of the IMDG Code.

b) Carriage of Materials Hazardous only in Bulk (MHB) in the form of solid bulk cargoes must conform to regulations in Chapter VI of the SOLAS Convention and regulations in the IMSBC Code.

c) Carriage of dangerous goods granted UN numbers in the form of solid bulk cargoes must conform to Regulation 19 Chapter II-1, Part A-1 Chapter VII of the SOLAS Convention and regulations in the IMSBC Code.

d) Carriage of noxious liquid substances by ships carrying liquid cargoes must conform to Regulation 16.3 Chapter II-2, Part B Chapter VII of the SOLAS Convention and regulations in the IBC Code.

dd) Carriage of liquefied gases by ships carrying liquefied gases must conform to Regulation 16.3 Chapter II-2, Part C Chapter VII of the SOLAS Convention and regulations in the IGC Code.

e) In additional to the compliance with regulations in Point a Clause 1 of this Article, carriage of packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes must also conform to regulations in Part D Chapter VII of the SOLAS Convention and regulations in the INF Code.

2. Carriage of packaged dangerous goods in cargo transport units as defined in Chapter 1.2 of the IMDG Code by sea shall be accepted only if they meet requirements in the CTU Code.

Article 7. General provisions on safety, supervision and equipment

1. The use of fire, naked lights and other potential sources of ignition on decks, in cargo holds, pump-rooms and cofferdams of ships carrying dangerous goods is prohibited. A notice of this regulation must be known by all members of the ship’s crew and posted at a visible place on the ship.

2. On board ships carrying flammable liquids or flammable liquefied gases as well as ones which have not been degassed after the transport of such products, only fixed explosion-proof equipment and systems connected to power supplies and explosion-proof electrical equipment having its own power supply are used on deck, in cargo holds as well as pump-rooms and cofferdams. These areas must be protected from sparks or dangerous sources of heat.

3. All members of the ship’s crew must be known of the transport of dangerous goods, risks of transporting such dangerous goods and measures to be taken in case of incidents involving such dangerous goods.

4. Dangerous goods must be adequately supervised during the transport. The nature and level of supervision method must be conformable with each specific carriage of dangerous goods and recorded in the logbook.

5. Ships carrying dangerous goods must be equipped with necessary medicines and equipment in conformity with regulations in the Appendix 14 of MFAG Guide. If carriage of dangerous goods requires special equipment as regulated in Conventions and Codes in Clause 1 Article 7 herein or EmS Guide, ships carrying such dangerous goods must be properly equipped with such special equipment. These types of special equipment must be always ready for use. All crew members must wear protective clothes and necessary equipment for use in emergency cases.

Article 8. Loading of dangerous goods on ships

1. Before loading dangerous goods in packages on a ship, the master or the officer in charge of formulating stowage plan must draw up stowage instructions. The master and responsible officers shall comply with stowage and segregation requirements of the IMDG Code and Regulation 19 Chapter II-2 of SOLAS Convention.

2. Dangerous goods shall be loaded on a ship by responsible workers and in conformity with the written stowage instructions. The master must ensure stowage instructions and stowage and segregation requirements of the IMDG Code, or where appropriate, meet stowage and segregation requirements of IMSBC Code and Regulation 19 Chapter II-2 of SOLAS Convention. Before leaving the port, places of loading dangerous goods must be specified in the transport document or the declaration for dangerous goods, unless this information has been already included in the ship’s cargo stowage plan.

3. The master must ensure that dangerous goods shall be arranged and secured in conformity with regulations of the Code of safe practice for cargo stowage and securing (CSS Code) adopted by IMO and as amended. Cargo arrangements and securing must be finished before the ship leaves the port and maintained until the ship arrives at the port of destination.

4. Loading of defective or damaged dangerous goods on ships is not allowed because they may cause adverse influence on the safe transport of such dangerous goods.

5. The master shall only accept the loading of hazardous chemicals as defined in the IBC Code on the ship if they meet minimum requirements corresponding to each type of hazardous chemicals as set forth in Chapter 17 of IBC Code.

6. The master shall only accept the loading of liquefied gases as defined in the IGC Code on the ship if they meet minimum requirements corresponding to each type of liquefied gases as set forth in Chapter 19 of IGC Code.

7. The master shall only accept the loading of dangerous goods in the form of solid bulk cargoes as defined in Group B of the IMSBC Code on the ship if the ship’s cargo spaces meet the requirements specified in Table 19.2 Regulation 19 Chapter II-2 of SOLAS Convention, and transport requirements as set forth in IMSBC Code.

Article 9. Requirements for ships

1. Ships carrying solid bulk cargoes which are Materials Hazardous only in Bulk (MHB) must satisfy requirements in Chapter VI of SOLAS Convention and IMSBC Code.

2. Ships carrying solid bulk cargoes granted UN numbers must comply with regulations in Clause 1 of this Article and also satisfy requirements in Regulation 19 Chapter II-2 and Part A-1 Chapter VII of SOLAS Convention.

3. Ships carrying dangerous goods in packages must satisfy requirements in Regulations 19 Chapter II-2 and Part A Chapter VII of SOLAS Convention, and IMDG Code.

4. Ships carrying dangerous chemicals in bulk must satisfy requirements in Regulation 16 Chapter II-2 of SOLAS Convention and IBC Code.

5. Ships carrying liquefied gases in bulk must satisfy requirements in Regulation 16 Chapter II-2, Part C Chapter VII of SOLAS Convention and IGC Code.

Article 10. Emergency response procedures and medical first aid

Emergency response procedures and medical first aid guide for use inaccidents causing unsafe conditions and environmental pollution during the transport of dangerous goods must be formulated and applied in conformity with EmS Guide and MFAG Guide respectively for ships carrying dangerous goods.

Article 11. Training

Personnel involving in carriage of dangerous goods by sea should receive training in contents about the nature and levels of risks incurred in the course of carriage of dangerous goods so as to prevent and minimize damage in case of accidents. To be specific:

1. Shore-based personnel whose duties are provided for in Section 1.3.1.2 of the IMDG Code must be trained in conformity with regulations in Chapter 1.3 of the IMDG Code before they undertake such duties.

2. Masters, officers and crew members who work on board ships carrying dangerous goods must receive training and obtain professional certificates commensurate or appropriate to their assigned duties. Training contents include risks of the carriage of dangerous goods by sea and measures for response to unexpected accidents.

3. The training prescribed in this Article must be repeated after a period of 5 years. Training period and contents must be recorded and retained within a minimum period of 5 years.

Chapter IV

PREVENTION OF POLLUTION FROM CARRIAGE OF DANGEROUS GOODS BY SEA

Article 12. Regulations on prevention of pollution from carriage of dangerous goods by sea

1. Ships carrying dangerous goods being liquids in bulk must conform to regulations for prevention of pollution in the Annex I and Annex II of the MARPOL Convention.

2. Ships carrying dangerous solid cargoes in bulk must conform to regulations for prevention of pollution in the Annex V of the MARPOL Convention.

3. Ships carrying dangerous goods in packages must conform to regulations for prevention of pollution in the Annex III of the MARPOL Convention.

4. Discharge of cargoes or cargo residues which are defined as marine pollutants in the IMDG Code into the sea is not permitted, except the cases of force majeure so as to ensure safety of the ship or persons on board the ship.

5. Containers of dangerous goods must be collected, transported, managed, treated or discarded in accordance with regulations for prevention of pollution and management of hazardous wastes.

Chapter V

REPORTING ACCIDENTS OR INCIDENTS INVOLVING DANGEROUS GOODS

Article 13. Reporting accidents or incidents involving dangerous goods

1. The master and the ship owner must promptly inform port authority or relevant maritime administration and the Vietnam Maritime Administration of any accident or incident that occurs in course of loading or unloading of dangerous goods at a port or during the voyage. If an accident or incident occurs on a ship abroad, the master and the ship owner must promptly inform such accident or incident to the competent authority of the host country and Vietnam Maritime Administration.

2. Reports on accidents or incidents involving dangerous goods shall be made in accordance with regulations of the Circular No. 34/2015/TT-BGTVT dated July 24, 2015 by Ministry of Transport on maritime accident reporting and investigation, and the Circular No. 39/2017/TT-BGTVT dated November 07, 2017 by Ministry of Transport on amendments to the Circular No. 34/2015/TT-BGTVT.

Chapter VI

RESPONSIBILITY OF RELEVANT ORGANIZATIONS, INDIVIDUALS AND REGULATORY AUTHORITIES

Article 14. Responsibility of shippers

1. Make the cargo manifest as regulated by law and provide it for the carrier before dangerous goods are loaded on board the ship. Such cargo manifest must include names of dangerous goods; codes; types, classes, groups of dangerous goods; weight; types, quantities, date and place of manufacturing of equipment containing dangerous goods; full name and address of the shipper; full name and address of the consignee.

2. Send a written notice to the carrier of requirements to be satisfied in course of carriage of dangerous goods and instructions for handling incidents involving dangerous goods. The shipper shall assume responsibility for any damage caused by late provision or inaccuracy of information, documents and instructions about dangerous goods.

Article 15. Responsibility of carriers

1. Supervise and ensure safety of dangerous goods during the transport period.

2. Comply with instructions given by the shipper.

3. Instruct the master to comply with requirements during the carriage of dangerous goods by sea.

Article 16. Responsibility of ship owners

1. Ensure that ships carrying dangerous goods must satisfy requirements in Article 9 herein and relevant law provisions.

2. Discharge insurance-related liabilities in accordance with regulations and pay all expenses relating to the performance of remedial measures against environmental emergencies during the transport of dangerous goods. The ship owner shall assume responsibility for any damage caused by late provision or inaccuracy of information, documents and instructions about dangerous goods provided for the ship master.

3. Equip enough medicines and medical equipment as prescribed in Clause 5 Article 7 herein.

Article 17. Responsibility of ship masters

1. Comply with instructions about dangerous goods given by the shipper and the carrier.

2. Assign crew members to instruct and supervise the loading and unloading of dangerous goods on ship; keep dangerous goods in good condition during the transport.

3. Implement measures to eliminate or minimize risks or hazards caused by dangerous goods; make and send written records or reports to the nearest maritime administration and relevant authorities to timely take actions against incidents involving dangerous goods that may threaten safety of people, ships, environment and other cargoes or accidents that occur in course of transport. In such cases, the shipper and the carrier shall be also informed to cooperate in actions.

4. Maintain, collect, transport, manage, handle and discharge residues of dangerous goods and/or equipment containing dangerous goods in accordance with regulations for prevention of pollution and management of waste and hazardous waste.

Article 18. Responsibility of maritime administrations

1. Inspect the compliance with regulations on safety and prevention of pollution herein by organizations and individuals involved in carriage of dangerous goods by sea.

2. Make and submit reports in accordance with regulations of the Circular No. 34/2015/TT-BGTVT dated July 24, 2015 by Ministry of Transport on maritime accident reporting and investigation, and the Circular No. 39/2017/TT-BGTVT dated November 07, 2017 by Ministry of Transport on amendments to the Circular No. 34/2015/TT-BGTVT.

3. If an environmental emergency occurs when transporting dangerous goods by sea, the maritime administration shall mobilize personnel and cooperate with local authorities and other relevant authorities to:

a) Assist the master and the crew members in saving people, cargoes and ship;

b) Cooperate in evacuating victims from the area of emergency, and giving first aid to them;

c) Organize and cooperate in protecting the scene, cargoes and ships for continuing the transport or storage, transshipment as well as serving emergency response and remedy of damage.

Article 19. Responsibility of Vietnam Register

1. Organize inspection of compliance with regulations in Article 4 herein by facilities that manufacture and test containers of dangerous goods.

2. Instruct its branches to cooperate with maritime administrations in conducting inspection of compliance with regulations on safety and prevention of pollution herein by organizations and individuals involved in carriage of dangerous goods by sea, when requested.

3. Instruct its branches to join and cooperate with maritime administrations and relevant agencies of local areas where maritime emergencies or incidents involving dangerous goods occur in handling and implementing remedial measures.

Chapter VII

IMPLEMENTATION EFFECT AND ORGANIZATION

Article 20.Effect

1. This Circular takes effect on January 15, 2018.

2. Ships which have been built before January 15, 2018 must satisfy all requirements in this Circular upon the first annual inspection conducted after January 15, 2018.

Article 21. Implementation

1. Chief of the Ministry s Office, Chief Inspector of the Ministry, Directors of Departments affiliated to the Ministry of Transport, General Director of Vietnam Register, Director of Vietnam Maritime Administration, heads of relevant agencies/units affiliated to the Ministry of Transport, and relevant organizations and individuals shall be responsible for implementing this Circular.

2. If international treaties and legislative documents referred to in this Circular are amended or replaced, the new ones shall prevail.

3. Any difficulties arising in the course of implementation of this Circular should be reported to the Ministry of Transport for consideration./.

The Minister

Nguyen Van The